BOYD v. JAMAICA PLAIN CO-OPERATIVE BANK


7 Mass. App. Ct. 153 (1979)

386 N.E.2d 775

ANDREW W. BOYD & another, trustees, vs. JAMAICA PLAIN CO-OPERATIVE BANK.

Appeals Court of Massachusetts, Suffolk.

March 12, 1979.


Attorney(s) appearing for the Case

Joseph M. Cohen for the plaintiffs.

John J. McCarthy (Stanley V. Ragalevsky with him) for the defendant.

Present: KEVILLE, BROWN, & GREANEY, JJ.


GREANEY, J.

The plaintiffs appeal from the dismissal of their complaint seeking declaratory relief under G.L.c. 231A, on the ground of estoppel by judgment.1 We affirm the judgment of dismissal.

The procedural history necessary to put the issues in proper perspective is this. The claims arise out of a continuing controversy between certain mortgagors and their mortgagee banks regarding payment of interest on advance real estate...

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